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DHS Announces Temporary Policy Related to List B Documents in Response to COVID-19 Pandemic

On May 1, 2020, DHS issued a temporary policy regarding expired List B identity documents (such as drivers’ licenses and state ID cards) used to complete Form I-9, Employment Eligibility Verification.  Due to the stay-at-home orders in effect in many states, employees may experience difficulty renewing these documents with state agencies.  Under the temporary policy, beginning May 1, 2020, identity documents set to expire on or after March 1, 2020, which have not been automatically extended by the issuing authority, should be treated as if the employee presented a valid receipt for an acceptable document for Form I-9 purposes.  The new policy instructs that if an employee presents a List B document which has expired on or after March 1, 2020, and which has not been extended by the issuing authority, the Employer should accept the expired List B document and enter the following information in Section 2:

  • Record the document information under List B, as applicable; and
  • Enter the word “COVID-19” in the “Additional Information” field.

Under the policy, the employee will be required to present a valid, unexpired List B document within 90 days after the USCIS terminates the temporary policy,.  When the employee presents an unexpired List B document, the Employer should record the document number and other required document information in Section 2 and initial and date the change.

The temporary policy also provides that when an employee presents a List B document with an expiration date on after March 1, 2020, which has been extended by the issuing authority, the Employer should enter the document’s expiration date in Section 2 and enter “COVID-19EXT” in the Additional Information field.  Employers can but are not required to attach a copy of a webpage or other notice confirming that the issuing authority has automatically extended the document presented.  If the employee presents a List B identity document that has been auto-extended by the issuing authority, the Employer is not required to present a valid unexpired List B document in the future.

If you would like further information on the DHS’s temporary policies related to Form I-9s during the COVID-19 pandemic or other I-9 issues or if you are seeking representation with regard to an I-9 audit or investigation, please contact one of the following attorneys in our practice group.

Kalman D. Resnick at kresnick@hsplegal.com
Robert W. Krug at rkrug@hsplegal.com
Ian D. Wagreich at iwagreich@hsplegal.com
William B. Schiller at wschiller@hsplegal.com
Chirag Badlani at cbadlani@hsplegal.com
Kendra Scheuerlein at kscheuerlein@hsplegal.com
Kelli Fennell at kfennell@hsplegal.com
Susan Gzesh at sgzesh@hsplegal.com

For the duration of the stay-at-home order issued by Illinois Governor J.B. Pritzker to protect Illinois residents from the Coronavirus, all HSPRD attorneys are working remotely and available for consultations by phone or video.

The full text of the May 1, 2020 announcement can be found at: https://www.uscis.gov/news/alerts/uscis-extends-flexibility-responding-agency-requests

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